Smoking, Health and Social Care (Scotland) Act 2005

[F1 4D Meaning of “no-smoking area outside a hospital building” and related expressions S

(1) For the purposes of this Part, the “no-smoking area outside a hospital building” is the area—

(a) lying immediately outside the hospital building, and

(b) bounded by a perimeter the specified distance from the building,

but only insofar as the area forms part of hospital grounds.

(2) The Scottish Ministers may by regulations—

(a) specify the distance for the purposes of subsection (1)(b),

(b) make further provision about determining the perimeter around a building for the purposes of that subsection.

(3) In this Part—

• “hospital” means a health service hospital (as defined in section 108(1) of the National Health Service (Scotland) Act 1978),

• “hospital building” means a building situated on hospital grounds,

• “hospital grounds”, in relation to a hospital, means land in the vicinity of the hospital and associated with it.

(4) The Scottish Ministers may by regulations—

(a) provide that hospitals of a specified description are not hospitals for the purposes of this Part,

(b) provide that land of a specified description is or is not to be considered “hospital grounds” and otherwise make further provision to elaborate the meaning of “hospital grounds” for the purposes of this Part,

(c) provide that buildings of a specified description are not hospital buildings for the purposes of this Part,

(d) provide that land of a specified description does not form part of the no-smoking area outside a hospital building for the purposes of this Part.

(5) Regulations under subsection (4) may modify the application of section 4C as the Scottish Ministers consider appropriate.]

Textual Amendments

F1 Ss. 4A-4D inserted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(2), 36(2); S.S.I. 2022/43, reg. 2, sch.